BYLAW NO, 4256 -The Edmonton Building Permit Bylaw - 1974 regulating the form, content and cost of permits for the use, construction or demolition of buildings WHEREAS The Alberta Uniform Building Standards Act, being Chapter 85 of the Revised Statutes of Alberta, 1973, provides that by regulation the Minister of Manpower and Labour may authorize any local authority to enforce The Alberta Uniform Building Standards Act in its respective municipality; AND WHEREAS if a local authority is so authorized the local authority may make bylaws with respect to the following subject matters! (a)prohibiting the commencement by any person of the use, construction or demolition of any building unless that person is authorized by a permit to do so; (b)providing for the form and content of permits for the use, construction or demolition of a building; (c)providing for the issuance of permits; (d)providing that the granting of a permit does not entitle the nermittee, his successors or assigns or anyone on his or their behalf, to construct any building that fails to comply with the requirements of any building restriction agreement affecting the site described in the permit; (e)prescribing the fees to be charged for the issuing of permits;
NOW THEREFORE the Municipal Council of The City of Edmonton duly assembled enacts as follows: 1. Title This Bylaw shall be known as the Edmonton Building Permit Bylaw 1974, may be cited as such and will be referred to herein as "this Bylaw".
2 2. Definitions (a)The term "Director" means the Director of the Building Inspection Branch who shall be responsible to the Su erintendent of the Planning Department. (b)"The Uniform Act" means The Alberta Uniform Building Standards Act, being Chapter 85 of the Revised Statutes of Alberta, 1973 and those parts of The National Building Code of Canada, its amendments and revisions as are incorporated in the said Act. (c)All definitions contained in "The Uniform Act" shall apply to this bylaw. 3. Scope The provisions of this Bylaw shall apply to the issue
of
permits respecting the construction, use, repair and demolition of any building within the City. 4. Powers and Duties of Director (a)The Director is hereby authorized and directed to enforce all provisions of this Bylaw. (b)With the approval of the City Commissioners, the Director may appoint such number of officers, inspectors and assistants and other employees as shall be necessary to enforce this Bylaw. (c)Records: The Director shall keep an accurate account of all permits issued and all fees and other monies collected and received under this Bylaw.
-3-5. Application for Permit (a) Unless the person concerned has previously obtained a permit from the Director, no person shall commence or cause to be commenced:
( )
The erection or construction of any building,
(ii) The addition, extension, enlargement, improvement, alteration or conversion of any building, (iii) The repair or demolition of any building, The excavation of any land for the purpose of erecting or locating on or above any building, (v)
The installation or use of any mechanical equipment specifically required by The Uniform Act.
(b) Exceptions: A permit is not required for:
( )
Painting and decorating,
(ii) Minor repairs not exceeding $500.00 in value where matters affecting health or safety are not involved.
6. Application Form (a) To obtain a permit an applicant shall first file an application in writing on a City form, Each such application shall: (i) Identify and describe the work to be covered by the permit for which the application is made; (ii)Describe the land on which the proposed work is to be done, by lot, block, subdivision, and building street address, or similar description that will readily identify and definitely locate the proposed building;
- 4 ( i i i ) Show the use or occupation of all parts of the building; (iv) Be accompanied by plans and specifications as required in Section 7; (v)State the valuation of the proposed work; (vi)Be signed by the applicant or his authorized agent, Who may be required to submit evidence to indicate such authority; (vii) Give such other information as may he required by the Director. 7
Plans and Specifications (a)With each application for a Building Permit, and when required by the Director for enforcement of any provision of The Uniform Act, two sets of plans and specifications shall be submitted. (b)Exceptions: When authorized by the Director, plans and specifications need not be submitted.
8. Information Required on Plans and Specifications (a) Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of The Uniform Act and all Provincial and Federal Laws and Regulations, and all City Bylaws. Each set of plans shall state the building address and the name and address of the owner of the building and person who prepared such plans. Plans shall include a site plan showing the actual
- 5 dimensions of the lot or lots and the proposed building or buildings and the relation of such building or buildings to the lot or property lines, together with such information in detail as may be necessary to comply with the provisions of The Uniform Act and other legislation applicable thereto, and excepting in cases where such a requirement is, in the opinion of the Director, obviously unnecessary, a plan of survey certified by an Alberta Land Surveyor, showing such of the above information as may be deemed necessary by the Director to secure compliance with the requirements of The Uniform Act, (b)Estimate of Building Cost: When required by the Director, the accepted contract or a bona fide detailed estimate of the cost of the building shall be submitted, to the satisfaction of the Director. (c)Water Costs: The applicant shall pay to or deposit with the Director an amount sufficient to cover all water costs in connection with the construction or erection of such building based upon a statement of quantities, or calculated according to the tariff of water rates which may be in force from time to time, and no permit shall be issued until the proner amount has been paid to or deposited with the Director. In the event of any amount paid being found to be in excess of the amount properly chargeable according to the water costs tariff the person paying the same shall be entitled to a refund of such excess amount, but in the event of the amount paid being below the amount properly chargeable,
- 6 the owner of the building or the applicant for permit shall pay the shortage to the Water and Sanitation Department of the City before being entitled to the issue of a Certificate of Occupancy in respect to such construction, 9. Building Permits (a)Issue: The application, plans and specifications filed by an applicant for a permit shall be checked by the Director, Such nlans may be reviewed by other Departments of the City to check compliance resolutions with the orders, regulations/or bylaws under their jurisdiction. If the Director is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of The Uniform Act, this Bylaw, and other resolutions pertinent orders, regulations/and bylaws, and that the fee specified in Section 10 has been paid, he shall issue a nermit therefor to the applicant, (b)When the Director issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications"APPROVED", Such approved plans and specifications shall not be changed, modified or altered without authorization from the Director and all work shall be done in accordance with the approved plans, (c)The Director may issue a permit for the construction of part of a building before the entire plans and specifications for the whole building have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of The Uniform Act and of this Bylaw, The holder of such permit shall proceed at his own risk without
- 7 assurance that the permit for the entire building or structure will be granted. : (d)Retention of Plans, One set of approved plans, specifications, and computations shall be retained by the authority having jurisdiction for a period of not less than 90 days from date of comnletion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kent on such building at all times during which the work authorized thereby is in progress, and available for inspection by the Director. (e)Plans, submitted for checking, for which no permit is issued, anon which no action is taken by the Director for 90 days, may be destroyed by the Director, (f)Validity: The issue or granting of a permit or approval of plans and specifications shall not be construed to be .a permit for, or an approval of, any violation of any of the provisions of The Uniform Act. No permit presuming to give authority to violate or cancel the provisions of The Uniform Act shall be valid except in so far as the work or use which it authorizes is lawful,
(q) The issue of a permit based upon plans and specifications shall not prevent the Director from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of The Uniform Act, this Bylaw or any other Bylaw of the City,
8 (h) Expiration! Every permit issued by the Director shall expire by limitation and become null and void, if the building authorized by such permit is not commenced within 90 days from the date of such permit, or if the building authorized by such permit is suspended or abandoned at any time after the work is commenced for a Period of 120 days. Before such work can be recommenced a new nermit shall first be obtained and the fee therefor shall he one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. 0) Suspension or Revocation! The Director may, in writing, suspend or revoke a permit whenever the permit is issued in error, or on the basis of incorrect information supplied, or in violation of any provision of The Uniform Act, Provincial or Federal legislation or regulation, or any City Bylaw or resolution. 10. Building Permit Fees (a) Building Permit Feest A fee for each building permit shall he paid in accordance with the following table: Total Valuation
Fee
Up to and including $20,000.00 $3.00 per thousand or fraction thereof, providing that the minimum fee shall be $10.00 Each additional $1,000.00 or fraction thereof over $20,000.00 $2.50
- 9 (b)In the event of work being started on any building, including excavation, before a permit for such work has been obtained double the above fee shall then be charged. (c)The determination of value or valuation under any of the provisions of The Uniform Act or this Bylaw shall be made by the Director. (d)Water Fee - 30(t per $1,000 value of building plus $1.00. Maximum fee for one project $200.00.
11. Occupancy Permit (a)Use or Occupancy: No building shall be used or occupied, and no change in the existing occupancy classification of a building or portion thereof shall be made until the Director has issued an Occupancy Permit.
(b)Changes in Use: Changes in the character or the use of a building shall not be made except as specified in The Uniform Act.
(c)Issue of Permit: After final inspection when it is found that the building complies with the provisions of The Uniform Act, and a request has been made by the applicant or owner, the Director shall issue an Occupancy Permit. 12. Violations and Penalties (a) It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, improve, convert, remove, demolish, equin, use or occupy any building, or cause the same to be done without first
- 10 obtaining a permit as provided by this Bylaw. (b)Any person who commits a breach of any of the provisions of this Bylaw is guilty of an offence and shall be liable on summary conviction to a fine not exceeding $500,00 and costs, and in default of payment to imprisonment for a term not exceeding 30 days, or to both fine and imprisonment. (c)The conviction of a person for any violation of this Bylaw does not operate as a bar to further prosecution under this Bylaw for the continued neglect or failure on the part of the person to comply with the provisions of this Bylaw, and any such violation of this Bylaw shall be regarded as of a continuing nature. 13.
This Bylaw comes into force on April 1st, 1974.
14.
Bylaw 4074, the Edmonton Building Bylaw, 1973, is repealed
effective April 1st, 1974, READ a first time this READ a second time this
day of k day of
READ a third time and duly passed this
r
A.D. 1974, r-
A.D, 1974,
gcS— day ofc& r
A.D. 1974. THE CITY OF EDMONTON
A2&4 MAY V
%/-L44-7 CITY CLERK.